Bringing you the Best Analytical Legal News
Madras High Court emphasised that the process of talaq requires strict adherence to established procedures. If the husband asserts that he has divorced his first wife by properly pronouncing talaq three times, but the wife disputes this, it raises the critical question of whether the marriage has been validly dissolved.
The Court pointed out that small excesses like overtaking the vehicle of one’s senior at a railway crossing may be an incident of indiscipline in defense services, but the balance and proportion that needs to be maintained between such an infraction and its punishment will always be at the core of good governance.
The Court also referred to multiple High Court decisions regarding the issue of using Aadhar card to determine age and clarified that it has not expressed any view on the merits of those cases.
Once the objections raised by the petitioner is taken into consideration by Permanent Lok Adalat (Public Utility Services), Jind and an equitable jurisdiction is exercised, such view cannot outrightly be said to be perverse, improper or based on misappropriation of law and facts.
Even if the ticket was not recovered from his person while preparing the inquest report of the deceased, mere filing of the affidavit on behalf of the appellant was sufficient to raise the presumption that the deceased was bona fide passenger.
The Court directed the company’s Internal Complaints Committee to hold an enquiry into the complaint of the petitioner in accordance with the provisions of PoSH Act, 2013 and complete the process as expeditiously as possible within an outer limit of 90 days.
The 1992 and 1993 riots in Bombay were triggered by the demolition of Babri Masjid and led to unfortunate 900 death, 168 persons missing and about 2036 suffered injuries.
A quick legal roundup to cover important stories from all High Courts this week.
Although the offence of ‘aggravated sexual assault’ was not mentioned in the compensation scheme, the Court referred to the offence of ‘unnatural sexual assault’ to determine the quantum of compensation.
“A duty is cast on the State to pay compensation to the land losers as otherwise there would be a breach of Article 300-A of the Constitution.”
“The list of beneficiaries must include those victims who were already widow and have lost lone earning member of their family. The physically disabled victims shall be accommodated in a well-paid job.”
‘If the State fails to adhere to the practical necessity of preserving human life, it leads to a tragic loss of human dignity.’
“The Oil/LPG companies in cases like this where human cost of LPG cylinder explosion is incalculable, behave like a hardcore litigant ignoring the fact that the matter does not fall in the realm of adversarial litigation. One can imagine as to how the thick flames engulfs the surroundings and human beings just reduce to ashes or sometime escape death and end up with deformities.”
The issue in the instant case revolved around whether a dealer or the manufacturer can be construed as an ‘owner’ vis-a-vis fixation of tortious liability for payment of compensation, especially when the driver and deceased both were employees of the manufacturer.
“SCDRC was not justified in saying that a person is entitled to more compensation, depending upon the fact of the case than the compensation as provided under the Railway Accident and Untoward Incidents (Compensation) Rules, 1990”.
The Court calculated the disability incurred by the claimant after the accident so as to determine a just and reasonable compensation.
The Court noted that the electric shock resulted in the petitioner having a 75% disability from orthopedic side and 15% deformity disability.
Regarding appellant’s attempt to overtake a vehicle, the Court stated that he was doing an act which is an everyday occurrence on the road, but resultantly suffered extensive injuries himself. Furthermore, it was proved that the offending vehicle was being driven rashly and negligently.
The Court stated that EC Regulation 261 provides a standardised level of compensation for passengers which does not require complex analysis. Requiring an enquiry into why, when and how a staff member became ill would be contrary to the intended operation of the scheme.
Petitioner was a young girl of 27 years, when the impugned letter was passed and she could not do anything for the next four years because of the aforesaid letter, which was passed without the authority of law. It has seriously affected her career and studies apart from other incidental consequences.